123STA T .7 1 6PUBLIC LA W 111 –8—M A R .11 , 2 0 0 9Notwi t hs t and in g an y oth erp ro v ision o fl aw , nof u nds availa b le to the B ureau of I ndian A ffairs for c entral office oversight and Ex ecutive D irection and Ad m inistrative S ervices ( except executive direction and administrative services funding for T ribal P riority Allocations, regional offices, and facilities operations and mainte - nance ) shall be available for contracts, grants, compacts, or coopera- tive agreements with the Bureau of Indian Affairs under the provi- sions of the Indian Self-Determination Act or the Tribal Self- G overn- ance Act of 19 9 4 (Public L aw1 03– 413) . In the event any tribe returns appropriations made available by this Act to the Bureau of Indian Affairs, this action shall not diminish the F ederal Government ’ s trust responsibility to that tribe, or the government-to-government relationship between the U nited States and that tribe, or that tribe’s ability to access future appro- priations. Notwithstanding any other provision of law, no funds available to the Bureau, other than the amounts provided herein for assist- ance to public schools under 25 U.S. C . 452etse q ., shall be available to support the operation of any elementary or secondary school in the State of Alas k a. Appropriations made available in this or any other Act for schools funded by the Bureau shall be available only to the schools in the Bureau school system as of September 1, 199 6 . No funds available to the Bureau shall be used to support expanded grades for any school or dormitory beyond the grade structure in place or approved by the Secretary of the Interior at each school in the Bureau school system as of O ctober 1, 1995. Funds made available under this Act may not be used to establish a charter school at a Bureau-funded school (as that term is defined in section 1146 of the Education Amendments of 19 78 (25 U.S.C. 2026)), except that a charter school that is in existence on the date of the enactment of this Act and that has operated at a Bureau- funded school before September 1, 1999, may continue to operate during that period, but only if the charter school pays to the Bureau a pro rata share of funds to reimburse the Bureau for the use of the real and personal property (including buses and vans), the funds of the charter school are kept separate and apart from Bureau funds, and the Bureau does not assume any obligation for charter school programs of the State in which the school is located if the charter school loses such funding. Employees of Bureau-funded schools sharing a campus with a charter school and performing functions related to the charter schools operation and employees of a charter school shall not be treated as Federal employees for purposes of chapter 171 of title 28, United States Code. Notwithstanding any other provision of law, including section 113 of title I of appendix C of Public Law 106–113, if in fiscal year 2003 or 2004 a grantee received indirect and administrative costs pursuant to a distribution formula based on section 5(f) of Public Law 101–301, the Secretary shall continue to distribute indirect and administrative cost funds to such grantee using the section 5(f) distribution formula. Charte r sc h o o l s .
